Selecting Defense Counsel Who Are On Your Wavelength

Are You on the Same Defense Philosophy Wavelength? More great tips from Kevin Quinley, nationally known claims expert and author.

For the best chance of taming the workers compensation beast, you must make sure that your claim approach is in sync with that of your defense lawyers. As part if your due diligence, determine the attorney’s and firm’s claim philosophy. Does your approach to case resolution match that of your defense attorney? This is something for the risk or claims manager to explore up front.

First, some self-assessment is needed. Does your company prefer to settle claims to avoid protracted litigation or divisive union issues? If so, a bulldog litigator who sees himself as a gladiator may not be a good fit, until you have the “must win” claim that you are determined to fight to the death. Maybe you prefer to stand and fight “grey area” cases or claims you think are bogus. You may feel that doing so sends a message that you are not a “soft touch” for dubious claims. You would rather pay your workers compensation defense lawyer than to pay an employee who you think is trying to milk you. If this is your philosophy, a settlement-oriented attorney is the wrong choice.

Ideally, the defense attorney should adapt her defense philosophy to yours. Caution: many lawyers, especially at the “courting” stage, will tell you this is what they do anyway.

Don’t believe it automatically! Ingrained traits die hard, and your defense attorney must be on the same philosophical wavelength in order to avoid extra expense, working at cross-purposes and hard feelings down the road. You never know until you ask!

Kevin Quinley CPCU, AIC, ARM is a claims consultant, trainer, speaker and expert witness. He is the author of ten books on various aspects of claims management. He is a contributing author to the IIA textbook for the Associate in Claims courses, Principles of Workers Compensation Claims (Second Edition) 1998. You can reach Kevin at kquinley@cox.net, by phoning (703) 239-1694 or via his website, www.kevinquinley.com

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